ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00017998

Parties:

Complaint(s):

Date of Adjudication Hearing: 11/02/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance or Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background

Summary of the claimant's position;

The claimant is employed by the respondent since the 1st January 1983 as a Legal Assistant and she was promoted to senior legal Assistant by the respondent in August 2000.

The claimant submitted a letter under the respondent's Grievance Policy to Head of Personnel on the 12th of October 2017.

The correspondence outlined several instances where the claimant believed the behaviour of the county solicitor towards her was not appropriate. To date, the matter has not moved beyond a meeting with the respondent’s head of personnel.

The claimant submits that she has been damaged in several significant ways by the respondent's failure to observe its own policies and procedures as these relate to her complaint.

It was further submitted that the respondent failed to protect the claimant against adversarial responses shown by the respondent to the claimant arising from her complaint.

The union submitted a detailed chronology of events including a breach of confidentially regarding the claimant's complaint. It was also submitted that in August 2018 under the Freedom of Information complaints were now on her file that was not there in August 2017 and the claimant was not made aware of these.

The Respondent for their part acknowledged that the matter has dragged on and offered to restore the claimant's full sick leave and ensuring that she was not at a loss going forward.

Findings

I find that having examined the detailed submissions made, that certain questions required to be dealt with.

I find the breach of confidentiality to be extremely serious given the position held by the person/s involved. I find that this action is in breach of the respondent’s own policy

I find that the claimant suffers from asthma and requires a clean and dust free workplace.

I believe that the respondent has lessons to be learned from this matter and immediate steps are required to avoid a repeat of the same in the future.

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]

I make the following;

1. The claimant's sick pay is restored with no loss in benefits whatsoever.
2. That her office accommodation is available to meet her (medical) requirements.
3. That external facilitator is agreed between the parties as a matter of urgency.
4. That the facilitation commences at the earliest opportunity and it be completed within 3 months from date of commencement
5. That the claimant is paid €2500 to cover any additional expenses that she may have occurred during the period.

Dated:   08/04/19

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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